Section 1317QD — Corporations Act 2001 (Cth)

(1) If, in proceedings for a declaration of contravention or an order under Division 1 against a person for a contravention of a civil penalty provision, the person wishes to rely on any exception, exemption, excuse, qualification or justification provided by the law creating the civil penalty provision, then the person bears an evidential burden in relation to that matter.

(2) In subsection (1), evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.

Related sections

• s 1317QA — Continuing contraventions of civil penalty provisions
• s 1317QB — State of mind
• s 1317QC — Mistake of fact
• s 1317QE — Civil penalty provisions contravened by employees, agents or officers
• s 1317QF — Preference must be given to compensate persons who suffer damage as a result of contravention
• s 1317R — ASIC requiring person to assist

Research how courts apply s 1317QD

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